FINAL OUTLINE — CONSTITUTIONAL LAW
Wednesday, March 28, 2007
4:59 PM
1. History
A. Problems with Articles of Confederation
1.In force since 1781 and established as a “league of friendship” and a constitution for the 13 sovereign states after the Revolution.
2.Central government had insufficient power to regulate commerce.
a. Could not tax.
b. Financially dependent upon contributions from the states, who often turned down requests.
c. Could not financially support a war effort.
3.Had little power to settle quarrels b/w the states.
4.Congress was bankrupt
a. Nothing to back paper money.
b. Farmers went into debt, and farmland was confiscated as tax.
B. Key Issues and Compromises at 1787 Convention
1.Convention took place on May 25, 1787. Sessions were held in secret, no reporters or visitors allowed.
2.The Virginia Plan — “The Nationalist Plan”
a. Edmund Randolph introduced this plan on May 29.
b. Outlined the broad plan at the Indian Queen Tavern, and mostly drafted by James Madison.
c. Proposed government had three branches: Legislative, executive and Judicial–each branch structured to check the other.
i. Highly centralized.
ii. The government also would have veto power over laws enacted by state legislatures.
d. Randolph stated the plan would be “meant a strong consolidated union in which the idea of states should be nearly annihilated.”
e. This plan was discussed for 10 days, but the critical issue was the distinction b/w a federation and a national government.
i. Governor Morris on May 30 described this distinction.
ii. A federation would be a mere compact resting on good faith of the parties.
iii. A national government having a complete and compulsive operation.
3.The New Jersey Plan
a. Introduced June 13 from the delegates from the smaller states rallying around the proposal offered by William Paterson.
b. Proposed a “union of States merely Federal.”
c. Plan called for a revision of the articles to enable the Congress more easily to raise revenues and regulate commerce.
d. Also provided that acts of Congress and ratified treaties be “the
qual Senate resulted in a tie.
6.The Great Compromise
a. On July 12, finally approved Senate equality when Oliver Ellsworth proposed that representation for the lower house be based on a number of real persons and 3/5 of all other persons (slaves).
b. Committee of Detail to draft the Constitution
i. Nathaniel Gorham of MA
ii. John Rutledge
iii. Edmund Randolph
iv. James Wilson
v. Oliver Ellsworth.
7.The First Draft
a. Accepted the first draft on August 6, 1787.
b. Mostly worried about commerce and the institution of slavery.
c. Finally the final vote took place on September 15 was unanimously passed.
d. Members met for the last time on Sept. 17 and shared a farewell dinner at the City Tavern.
C. Key Figures at 1787 Convention
1.George Washington, elected as president of the convention.
James Madison took notes.
